REGULATION: EEOC-LABOR ADA 503 COORDINATING REGULATIONS

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Billing Code 6750-06

Billing Code 4510-27

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Part 1641

DEPARTMENT OF LABOR Office of Federal Contract Compliance Programs41 CFR Part 60-742

Procedures for Complaints/Charges ofEmployment Discrimination Based on Disability Filed Against Employers Holding Government Contracts or Subcontracts

AGENCIES: Equal Employment Opportunity Commission; and Office of Federal Contract Compliance Programs, Department of Labor.

ACTION: Joint Final Rule.

SUMMARY: On July 26, 1990, the Americans with Disabilities Act of 1990 (ADA) was signed into law. Section 107(b) of the ADA requires that the Equal Employment Opportunity Commission (EEOC or Commission), the Attorney General, and the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) issue coordination regulations no later than January 26, 1992 setting forth procedures governing the processing of complaints that fall within the overlapping jurisdiction of both title I of the ADA and sections 503 and 504 of the Rehabilitation Act to ensure that such complaints are dealt with in a manner that avoids duplication of effort and prevents the imposition of inconsistent or conflicting standards. Pursuant to this mandate, the Commission and OFCCP are jointly publishing a new part implementing section 107(b) as it

pertains to title I of the ADA and section 503 of the Rehabilitation Act of 1973. This part will be added to the rules of the Department of Labor at 41 CFR Chapter 60 as a new part 60-742, and to the rules of the Equal Employment Opportunity Commission at 29 CFR Chapter XIV as a new part 1641.

EFFECTIVE DATE: July 26, 1992.

FOR FURTHER INFORMATION CONTACT: Elizabeth M. Thornton, Deputy Legal Counsel, Equal Employment Opportunity Commission, (202) 663-4638 (voice), (202) 663-7026 (TDD); or Annie Blackwell, Director of Policy, Planning and Program Development, Office of Federal Contract Compliance Programs, (202) 523-9430 (voice).

ADDRESSES: Copies of this joint final rule are available in the following alternate formats: large print, braille, electronic file on computer disk, and audio-tape. Copies may be obtained from the Equal Employment Opportunity Commission, Office of Equal Employment Opportunity by calling (202) 663-4395 or 663-4398 (voice) or (202) 663-4399 (TDD).

SUPPLEMENTARY INFORMATION:

Background

Title I of the ADA prohibits discrimination against qualified individuals with disabilities in all aspects of employment. 42 U.S.C. 12101 et seq. Title I of the ADA becomes effective on July 26, 1992, with respect to employers with 25 or more employees. On July 26, 1994, this coverage is extended to employers with 15 or more employees. EEOC is authorized to investigate and attempt to resolve charges of employment discrimination under the ADA.

Section 503 of the Rehabilitation Act of 1973, 29 U.S.C. 793, requires government contractors and subcontractors to apply a policy of nondiscrimination and affirmative action in their employment of qualified individuals with a handicap. OFCCP is authorized to investigate and attempt to resolve complaints of employment discrimination under section 503.

The substantive prohibitions and coverage of title I of the ADA overlap to a significant extent with the substantive prohibitions and coverage of section 503. There is, therefore, a potential for the imposition of inconsistent or conflicting legal standards, and duplicative efforts by EEOC and OFCCP in their processing of complaints under these laws.

Pursuant to the mandate of section 107(b) of the ADA, OFCCP and EEOC are therefore promulgating this joint final rule to establish procedures for coordinating the processing of complaints that fall within the overlapping jurisdiction of these statutes.

OFCCP Processing

In brief, complaints filed with OFCCP under section 503 of the Rehabilitation Act will also be considered charges, simultaneously dual filed under the ADA, whenever the complaints also fall within the jurisdiction of the ADA. Joint filing of complaints/charges received by OFCCP under both section 503 and the ADA ensures that the aggrieved individual's rights under the ADA are preserved, including the private right to file a lawsuit.

Acting as EEOC's agent and applying consistent legal standards, OFCCP will process and resolve the ADA component of the section 503 complaint/ADA charge, except where the complaint/charge raises an issue designated to be a Priority List issue, defined as a limited number of controversial topics on which there is not yet definitive guidance as to EEOC's position, or where the complaint/ charge also raises certain allegations of discrimination on the basis of race, color, religion, sex, national origin or age. OFCCP will refer complaints/charges raising Priority List issues or certain allegations of discrimination on the basis of race, color, religion, sex, national origin or age in their entirety to EEOC for processing and final resolution, provided that such complaints/charges do not include allegations of violation of affirmative action requirements under section 503. In such a situation, OFCCP will bifurcate the complaints/charges and refer only the allegations regarding Priority List issues or discrimination on the basis of race, color, religion, sex, national origin or age. OFCCP will also refer to EEOC for litigation review under the ADA any complaint/charge where a violation has been found, conciliation fails, and OFCCP declines to pursue administrative enforcement.

EEOC Processing

In brief, EEOC will refer ADA charges that are also covered by section 503 to OFCCP under two circumstances. First, ADA cause charges that also fall within the jurisdiction of section 503 and that the Commission has investigated but declines to litigate after the failure of conciliation will be referred to OFCCP for review of the file and any administrative action deemed appropriate. Second, ADA charges filed with EEOC, in which both allegations of discrimination under the ADA and violation of affirmative action requirements under section 503 are made, will be referred in their entirety to OFCCP for processing and resolution under section 503 and the ADA, unless the charges also include certain allegations of discrimination on the basis of race, color, religion, sex, national origin or age, or include allegations involving Priority List issues, or the charges are otherwise deemed of particular importance to EEOC's enforcement of the ADA. In these three situations, EEOC will bifurcate the charges and retain the ADA component of the charges (and when applicable, the allegations pertaining to discrimination on the basis of race, color, religion, sex, national origin or age), referring the section 503 affirmative action component of the charges to OFCCP for processing and resolution under section 503.

For the purposes stated in the preceding paragraph, ADA charges also falling within the jurisdiction of section 503 will be considered complaints, simultaneously dual filed, under section 503.

Analysis of Comments and Revisions

The Commission received eight comments in response to a notice of proposed rulemaking published jointly with OFCCP on October 28, 1991. 56 FR 55578. One commenter supported the joint proposed rule as published. The other commenters suggested that various revisions be made. Two commenters expressed concern about the use of the Priority List as a means by which to determine the agency that will process and resolve complaints/charges, and asked that the Priority List be periodically published. Another commenter asked that section ____.5(e) of the joint proposed rule be revised to provide for the bifurcation of complaints/charges containing allegations concerning Priority List issues and violation of affirmative action requirements under section 503. Other commenters asked that complaints/charges not be bifurcated under any circumstances, and expressed confusion about the deferral period referred to in section ____.5(c) of the joint proposed rule. Concern was also expressed by two commenters about the confidentiality of section 503 affirmative action plans that may be given to the Commission as part of an exchange of information, and about the protection of classified or certain unclassified information disclosed to EEOC or OFCCP during the course of an investigation of a Federal contractor.

One commenter asked that the joint final rule provide for the transfer to EEOC of all complaints/charges that include a request for damages pursuant to the Civil Rights Act of 1991, P.L. 102-166. This commenter also asked that EEOC and OFCCP adopt a substantial weight review process, similar to that used by the Commission to review the investigative files of state and local agencies designated as "FEP agencies" under title VII of the Civil Rights Act of 1964, when reviewing complaints/charges pursuant to sections ____.5(e)(2)(ii) and ____.6(a) of the joint proposed rule.

The Commission and OFCCP have made a number of revisions in response to these comments. Section ____.5(c) has been revised to clarify that the deferral period that will be waived is the deferral period referred to in the work-sharing agreements between EEOC and state and local agencies designated as FEP agencies.

Section ____.5(e) has been revised to provide that OFCCP will bifurcate any complaints/charges it receives that contain both Priority List issues and allegations of violation of section 503 afffirmative action requirements. In such a situation, OFCCP will retain, process and resolve the allegations of violation of affirmative action requirements, and refer to EEOC only the allegations raising Priority List issues.

Sections ____.5(e)(2)(i) and ____.5(e)(2)(ii) of the joint proposed rule have also been revised. Section ____.5(e)(2)(i) now provides that when engaging in conciliation as EEOC's agent, OFCCP shall attempt to obtain appropriate "full relief" for the complainant/charging party. EEOC and OFCCP intend that "full relief" be distinguished from "make whole relief," which historically has referred to remedies such as back pay, front pay and reinstatement, but did not include compensatory or punitive damages. Pursuant to the Civil Rights Act of 1991, P.L. 102-166, passed after the issuance of the joint proposed rule, compensatory and/or punitive damages may be available in cases of intentional discrimination under the ADA. EEOC and OFCCP intend that "full relief" encompass "make whole relief" and, where appropriate under the ADA, compensatory and/or punitive damages.

If OFCCP (acting as EEOC's agent under the ADA) is unable to conciliate for appropriate compensatory and/or punitive damages, the conciliation attempt will be considered unsuccessful, and thus section ____.5(e)(2)(ii) will apply. Since compensatory and punitive damages are unavailable under section 503, OFCCP will not be able to obtain such relief in the context of litigation under that statute, and thus will not pursue administrative litigation of complaints/charges where damages would be appropriate relief. OFCCP will thereupon, in accordance with section ____.5(e)(2)(ii) of this part, close the section 503 component of the complaint/charge and refer the ADA charge component to EEOC for litigation review under the ADA.

EEOC and OFCCP also have not accepted a number of suggested revisions proposed by commenters. First, the joint final rule retains the provisions of the joint proposed rule regarding the development and use of the Priority List as a means by which to determine the agency that will process and resolve complaints/charges. The Priority List will be a constantly evolving internal and informal catalog of difficult ADA issues on which the Commission has not yet taken a position. OFCCP and the Commission have determined that it is important to identify such issues in this manner, and that it is appropriate for the Commission, as the agency responsible for the enforcement of the ADA, to process and resolve complaints/charges that raise these issues. However, since the Priority List will neither establish nor implement substantive ADA policy, the publication of the Priority List would not be appropriate.

Second, like the joint proposed rule, the joint final rule provides for the bifurcation of certain complaints/charges. OFCCP and EEOC have determined that such bifurcation is necessary, in view of the agencies' differing enforcement powers and areas of expertise, to ensure that the rights of complainants/charging parties are fully protected in the most efficient manner possible.

It should also be noted that the joint final rule does not provide additional confidentiality protection for section 503 affirmative action plans, or for the handling of classified and unclassified information received from Federal contractor respondents, beyond that which may be available under other existing Federal laws. OFCCP and the Commission have determined that the inclusion of additional confidentiality provisions in this part is not necessary in order to ensure adequate protection of this information.

Finally, it should be noted that EEOC and OFCCP have not accepted the suggestion that a substantial weight review process be incorporated into this part. While such a process is appropriate in the context of the review of the investigative files of FEP agencies under title VII of the Civil Rights Act of 1964, the Commission and OFCCP have determined that that process would not be appropriate in the context of the coordination of the enforcement efforts of EEOC and OFCCP as set forth in this part.

In addition to the revisions made in response to the comments from the public, the Commission and OFCCP have made several technical revisions to the joint final rule to ensure that it is consistent with the pre-existing Memorandum of Understanding (MOU) between the two agencies (46 FR 7435 (January 23, 1981)) coordinating the enforcement of title VII of the Civil Rights Act of 1964 and Executive Order 11246. Accordingly, sections ____.2(b) and ____.2(c) have been added to the joint final rule. Section ____.2(b) provides that requests by third parties for disclosure of information be coordinated with the agency that initially compiled or collected the information. Section ____.2(c) exempts from the requirements of section ____.2(b) requests for data in EEOC files by FEP agencies. However, section ____.2(c) requires FEP agencies to obtain express written approval from OFCCP before disclosing to the public any information initially compiled by OFCCP.

Similarly, consistent with the MOU between OFCCP and EEOC, section ____.5(e) has been revised to clarify that OFCCP shall normally retain, investigate, process and resolve all allegations of discrimination of a systemic or class nature on the basis of race, color, religion, sex, or national origin that it receives. In appropriate cases, however, EEOC may request that it be referred such allegations to avoid duplication of effort and ensure effective law enforcement. Section ____.5(e) provides, further, that OFCCP will generally refer to EEOC complaints/charges including allegations of discrimination of an individual nature on the basis of race, color, religion, sex, or national origin, or allegations of discrimination based on age.

Other technical changes also have been made. Under revised section ____.5(e)(2)(ii), OFCCP will refer to EEOC, complaints/charges that it has pursued to administrative litigation, but that have been dismissed on procedural or jurisdictional grounds, or because the contractor/respondent fails to comply with an order to provide make whole relief. In these three situations, EEOC will either take further appropriate action, or issue a notice of right-to-sue. The joint proposed rule had provided that in such situations OFCCP would close the complaints/charges and issue a notice of right-to-sue.

A technical change has also been made to section ____.6(b). This change clarifies that EEOC will bifurcate complaints/charges it receives that are deemed "of particular importance" to the Commission's enforcement of the ADA, as well as those that include allegations of discrimination on the basis of race, color, religion, sex, national origin, or age, or allegations involving Priority List issues. Complaints/charges may be "of particular importance" for a variety of reasons. For example, a complaint/charge may raise a novel ADA issue not yet on the Priority List. The joint proposed rule had stated that EEOC would bifurcate complaints/charges that were "otherwise deemed important" to enforcement of the ADA.

Additionally, the Commission and OFCCP have revised section ____.7 to provide that this part shall be reviewed "periodically, and as appropriate" to determine whether it should be changed and whether it should remain in effect. The joint proposed rule had specified that such review would occur 24 months after the effective date of the final rule. This revision provides the Commission and OFCCP with greater flexibility to review this part whenever the Commission and OFCCP determine that such review is necessary or beneficial, rather than at the conclusion of a fixed time period.

The joint final rule is not a "major" rule as defined by section 1(b) of Executive Order 12291. The joint final rule simply coordinates EEOC and OFCCP investigation and enforcement of section 503 and ADA prohibitions of discrimination in employment on the basis of disability, and will not have a major or significant effect on the economy.

The text of the joint final rule is set out only once at the end of the joint preamble. The part heading, table of contents, and authority citation for the parts as they will appear in each CFR title follow the text of the joint final rule.

Text of Joint Final Rule

The text of the joint final rule, as adopted by the agencies specified in this document, appears below:

PART ___ - PROCEDURES FOR COMPLAINTS/CHARGES OF EMPLOYMENT DISCRIMINATION BASED ON DISABILITY FILED AGAINST EMPLOYERS HOLDING GOVERNMENT CONTRACTS OR SUBCONTRACTS

Sec.

____.1 Purpose and application.

____.2 Exchange of information.

____.3 Confidentiality.

____.4 Standards for investigations, hearings, determinations and other proceedings.

____.5 Processing of complaints filed with OFCCP.

____.6 Processing of charges filed with EEOC.

____.7 Review of this part.

____.8 Definitions.

§____.1 Purpose and application.

The purpose of this part is to implement procedures for processing and resolving complaints/charges of employment discrimination filed against employers holding government contracts or subcontracts, where the complaints/charges fall within the jurisdiction of both Section 503 of the Rehabilitation Act of 1973 (hereinafter "Section 503") and the Americans with Disabilities Act of 1990 (hereinafter "ADA"). The promulgation of this part is required pursuant to Section 107(b) of the ADA. Nothing in this part should be deemed to affect the Department of Labor's (hereinafter "DOL") Office of Federal Contract Compliance Programs' (hereinafter "OFCCP") conduct of compliance reviews of government contractors and subcontractors under section 503. Nothing in this part is intended to create rights in any person.

§____.2 Exchange of information.

(a) EEOC and OFCCP shall share any information relating to the employment policies and practices of employers holding government contracts or subcontracts that may assist each office in carrying out its responsibilities. Such information shall include, but not necessarily be limited to, affirmative action programs, annual employment reports, complaints, charges, investigative files, and compliance review reports and files.

(b) All requests by third parties for disclosure of the information described in paragraph (a) of this section shall be coordinated with the agency which initially compiled or collected the information.

(c) Paragraph (b) of this section is not applicable to requests for data in EEOC files made by any state or local agency designated as a "FEP agency" with which EEOC has a charge resolution contract and a work-sharing agreement containing the confidentiality requirements of sections 706(b) and 709(e) of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.). However, such an agency shall not disclose any of the information, initially compiled by OFCCP, to the public without express written approval by the Director of OFCCP.

§____.3 Confidentiality.

When the Department of Labor receives information obtained by EEOC, the Department of Labor shall observe the confidentiality requirements of sections 706 (b) and 709 (e) of title VII of the Civil Rights Act of 1964, as incorporated by section 107(a) of the ADA, as would EEOC, except in cases where DOL receives the same information from a source independent of EEOC. Questions concerning confidentiality shall be directed to the Associate Legal Counsel for Legal Services, Office of Legal Counsel of EEOC.

§____.4 Standards for investigations, hearings, determinations and other proceedings.

In any OFCCP investigation, hearing, determination or other proceeding involving a complaint/charge that is dual filed under both section 503 and the ADA, OFCCP will utilize legal standards consistent with those applied under the ADA in determining whether an employer has engaged in an unlawful employment practice. EEOC and OFCCP will coordinate the arrangement of any necessary training regarding the substantive or procedural provisions of the ADA, and of EEOC's implementing regulations (29 CFR Part 1630 and 29 CFR Part 1601).

§____.5 Processing of complaints filed with OFCCP.

(a) Complaints of employment discrimination filed with OFCCP will be considered charges, simultaneously dual filed, under the ADA whenever the complaints also fall within the jurisdiction of the ADA. OFCCP will act as EEOC's agent for the sole purposes of receiving, investigating and processing the ADA charge component of a section 503 complaint dual filed under the ADA, except as otherwise set forth in paragraph (e) of this section.

(b) Within ten days of receipt of a complaint of employment discrimination under section 503 (charge under the ADA), OFCCP shall notify the contractor/respondent that it has received a complaint of employment discrimination under section 503 (charge under the ADA). This notification shall state the date, place and circumstances of the alleged unlawful employment practice.

(c) Pursuant to work-sharing agreements between EEOC and state and local agencies designated as FEP agencies, the deferral period for section 503 complaints/ADA charges dual filed with OFCCP will be waived.

(d) OFCCP shall transfer promptly to EEOC a complaint of employment discrimination over which it does not have jurisdiction but over which EEOC may have jurisdiction. At the same time, OFCCP shall notify the complainant and the contractor/respondent of the transfer, the reason for the transfer, the location of the EEOC office to which the complaint was transferred and that the date OFCCP received the complaint will be deemed the date it was received by EEOC.

(e) OFCCP shall investigate and process as set forth in this section all section 503 complaints/ADA charges dual filed with OFCCP, except as specifically provided in this paragraph. Section 503 complaints/ADA charges raising Priority List issues, those which also include allegations of discrimination of an individual nature on the basis of race, color, religion, sex, or national origin, and those which also include an allegation of discrimination on the basis of age will be referred in their entirety by OFCCP to EEOC for investigation, processing and final resolution, provided that such complaints/charges do not include allegations of violation of affirmative action requirements under section 503. In such a situation, OFCCP will bifurcate the complaints/charges and refer to EEOC the Priority List issues or allegations of discrimination on the basis of race, color, religion, sex, national origin, or age. OFCCP shall normally retain, investigate, process and resolve all allegations of discrimination, over which it has jurisdiction, of a systemic or class nature on the basis or race, color, religion, sex, or national origin that it receives. However, in appropriate cases the EEOC may request that it be referred such allegations so as to avoid duplication of effort and assure effective law enforcement.

(1) No cause section 503 complaints/ADA charges.

If the OFCCP investigation of the section 503 complaint/ADA charge results in a finding of no violation under section 503 (no cause under the ADA), OFCCP will issue a determination of no violation/no cause under both section 503 and the ADA, and issue a right-to-sue letter under the ADA, closing the complaint/charge.

(2) Cause section 503 complaints/ADA charges-

(i) Successful conciliation. If the OFCCP investigation of the section 503 complaint/ADA charge results in a finding of violation under section 503 (cause under the ADA), OFCCP will issue a finding of violation/cause under both section 503 and ADA. OFCCP shall attempt conciliation to obtain appropriate full relief for the complainant (charging party), consistent with EEOC's standards for remedies. If conciliation is successful and the contractor/respondent agrees to provide full relief, the section 503 complaint/ADA charge will be closed and the conciliation agreement will state that the complainant (charging party) agrees to waive the right to pursue the subject issues further under section 503 and/or the ADA.

(ii) Unsuccessful conciliation. All section 503 complaints/ADA charges not successfully conciliated will be considered for OFCCP administrative litigation under section 503, consistent with OFCCP's usual procedures. (See 41 CFR Part 60-741, Subpart B.) If OFCCP pursues administrative litigation under section 503, OFCCP will close the complaint/ charge at the conclusion of the litigation process (including the imposition of appropriate sanctions), unless the complaint/charge is dismissed on procedural grounds or because of a lack of jurisdiction, or the contractor/respondent fails to comply with an order to provide make whole relief. In these three cases, OFCCP will refer the matter to EEOC for any action it deems appropriate. If EEOC declines to pursue further action, it will issue a notice of right-to-sue. If OFCCP does not pursue administrative enforcement, it will close the section 503 component of the complaint/charge and refer the ADA charge component to EEOC for litigation review under the ADA. If EEOC declines to litigate, EEOC will close the ADA charge and issue a notice of right-to-sue.

(f) Consistent with the ADA procedures set forth at 29 CFR 1601.28, OFCCP shall promptly issue upon request a notice of right-to-sue after 180 days from the date the complaint/charge was filed. Issuance of a notice of right-to-sue shall terminate further OFCCP processing of any complaint/charge unless it is determined at that time or at a later time that it would effectuate the purposes of section 503 and/or the ADA to further process the complaint/charge.

(g) If an individual who has already filed a section 503 complaint with OFCCP subsequently attempts to file or files an ADA charge with EEOC covering the same facts and issues, EEOC will decline to accept the charge (or, alternatively, dismiss a charge that has been filed) on the grounds that such charge has already been filed under the ADA, simultaneous with the filing of the earlier section 503 complaint, and will be processed by OFCCP in accordance with the provisions of this section.

§____.6 Processing of charges filed with EEOC.

(a) ADA cause charges falling within the jurisdiction of section 503 that the Commission has declined to litigate. ADA cause charges that also fall within the jurisdiction of section 503 and that the Commission has declined to litigate will be referred to OFCCP for review of the file and any administrative action deemed appropriate under section 503. Such charges will be considered to be complaints, simultaneously dual filed under

section 503, solely for the purposes of OFCCP review and administrative action described in this paragraph.

(b) ADA charges which also include allegations of failure to comply with section 503 affirmative action requirements. ADA charges filed with EEOC, in which both allegations of discrimination under the ADA and violation of affirmative action requirements under section 503 are made, will be referred in their entirety to OFCCP for processing and resolution under section 503 and the ADA, unless the charges also include allegations of discrimination on the basis of race, color, religion, sex, national origin or age, or include allegations involving Priority List issues, or the charges are otherwise deemed of particular importance to EEOC's enforcement of the ADA. In such situations, EEOC will bifurcate the charges and retain the ADA component of the charges (and when applicable, the allegations pertaining to discrimination on the basis of race, color, religion, sex, national origin or age), referring the section 503 affirmative action component of the charges to OFCCP for processing and resolution under section 503. ADA charges which raise both discrimination issues under the ADA and section 503 affirmative action issues will be considered complaints, simultaneously dual filed under section 503, solely for the purposes of referral to OFCCP for processing, as described in this paragraph.

(c) EEOC shall transfer promptly to OFCCP a charge of disability-related employment discrimination over which it does not have jurisdiction, but over which OFCCP may have jurisdiction. At the same time, EEOC shall notify the charging party and the contractor/respondent of the transfer, the reason for the transfer, the location of the OFCCP office to which the charge was transferred and that the date EEOC received the charge will be deemed the date it was received by OFCCP.

(d) Except as otherwise stated in paragraphs (a) and (b) of this section, individuals alleging violations of laws enforced by DOL and over which EEOC has no jurisdiction will be referred to DOL to file a complaint.

(e) If an individual who has already filed an ADA charge with EEOC subsequently attempts to file or files a section 503 complaint with OFCCP covering the same facts and issues, OFCCP will accept the complaint, but will adopt as a disposition of the complaint EEOC's resolution of the ADA charge (including EEOC's termination of proceedings upon its issuance of a notice of right-to-sue.)

§____.7 Review of this part.

This part shall be reviewed by the Chairman of the EEOC and the Director of OFCCP periodically, and as appropriate, to determine whether changes to the part are necessary or desirable, and whether the part should remain in effect.

§____.8 Definitions.

As used in this part, the term:

ADA refers to Title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

Affirmative action requirements refers to affirmative action requirements required by DOL pursuant to Section 503 of the Rehabilitation Act of 1973, that go beyond the nondiscrimination requirements imposed by the ADA.

Chairman of the EEOC refers to the Chairman of the U.S. Equal Employment Opportunity Commission, or his or her designee.

Complaint/Charge means a Section 503 complaint/ADA charge. The terms are used interchangeably.

Director of the Office of Federal Contract Compliance Programs refers to that individual or his or her designee.

DOL means the U.S. Department of Labor, and where appropriate, any of its headquarters or regional offices.

EEOC means the U.S. Equal Employment Opportunity Commission and, where appropriate, any of its headquarters, district, area, local, or field offices.

Government means the government of the United States of America.

Priority List refers to a document listing a limited number of controversial topics under the ADA on which there is not yet definitive guidance setting forth EEOC's position. The Priority List will be jointly developed and periodically reviewed by EEOC and DOL. Any policy documents involving Priority List

issues will be coordinated between DOL and EEOC pursuant to Executive Order 12067 (3 CFR, 1978 Comp., p. 206) prior to final approval by EEOC.

OFCCP means the Office of Federal Contract Compliance Programs, and where appropriate, any of its regional or district offices.

Section 503 refers to Section 503 of the Rehabilitation Act of 1973 (29 U.S.C. 793).

Section 503 complaint/ADA charge refers to a complaint that has been filed with OFCCP under Section 503 of the Rehabilitation Act, and has been deemed to be simultaneously dual filed with EEOC under the ADA.

Adoption of the Joint Final Rule

The agency specific adoption of the joint final rule, which appears at the end of the joint preamble, appears below:

TITLE 29 - LABOR

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Part 1641

List of Subjects in 29 CFR Part 1641

Administrative practice and procedure, Americans with disabilities, Equal employment opportunity, Government contracts

Accordingly, Title 29, Chapter XIV of the Code of Federal Regulations is amended as set forth below.

Signed at Washington, D.C. this ____ day of January, 1992

For the Commission:

________________________

Evan J. Kemp, Jr.

Chairman

Part 1641 is added to Chapter XIV to read as set forth at the end of the joint preamble.

PART 1641 --- PROCEDURES FOR COMPLAINTS/CHARGES OF EMPLOYMENT DISCRIMINATION BASED ON DISABILITY FILED AGAINST EMPLOYERS HOLDING GOVERNMENT CONTRACTS OR SUBCONTRACTS

Sec.

1641.1 Purpose and application.

1641.2 Exchange of information.

1641.3 Confidentiality.

1641.4 Standards for investigations, hearings, determinations and other proceedings.

1641.5 Processing of complaints filed with OFCCP.

1641.6 Processing of charges filed with EEOC.

1641.7 Review of this part.

1641.8 Definitions.

Authority: 42 U.S.C. 12117(b).

TITLE 41 - PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

DEPARTMENT OF LABOR

Office of Federal Contract Compliance Programs

41 CFR Part 60-742

List of Subjects in 41 CFR Part 60-742

Administrative practice and procedure, Americans with disabilities, Equal employment opportunity, Government contracts

Accordingly, Title 41, Chapter 60 of the Code of Federal Regulations is amended as set forth below.

Signed at Washington, D.C. this ____ day of January, 1992

For the Department:

________________________

Lynn Martin

Secretary of Labor

_________________________

Cari M. Dominguez

Assistant Secretary for Employment Standards

Part 60-742 is added to Chapter 60 to read as set forth at the end of the joint preamble.

PART 60-742 --- PROCEDURES FOR COMPLAINTS/CHARGES OF EMPLOYMENT DISCRIMINATION BASED ON DISABILITY FILED AGAINST EMPLOYERS HOLDING GOVERNMENT CONTRACTS OR SUBCONTRACTS

Sec.

60-742.1 Purpose and application.

60-742.2 Exchange of information.

60-742.3 Confidentiality.

60-742.4 Standards for investigations, hearings, determinations and other proceedings.

60-742.5 Processing of complaints filed with OFCCP.

60-742.6 Processing of charges filed with EEOC.

60-742.7 Review of this part.

60-742.8 Definitions.

Authority: 42 U.S.C. 12117(b).

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